FT 

MEADE 


JK 277 
. N83 
Copy 2 

ANALYSIS OF THE 
CONSTITUTION OF 
THE UNITED STATES 


FOR USE IN 

CONSTITUTIONAL LAW CLASS, 
UNIVERSITY OF MARYLAND. 


CONDUCTED BY 

ALFRED S. NILES 













SHORT SYLLABUS 

OF 

ANALYSIS 

OF THE 

CONSTITUTION OF THE UNITED STATES 


i 

OBJECT 

II 

STRUCTURE OF GOVERNMENT 

III 

POWERS OF THE NATIONAL GOVERNMENT AND 
DUTIES OF NATIONAL OFFICERS 

IV 

LIMITATIONS ON THE POWERS OF THE NATIONAL 
GOVERNMENT AND ITS OFFICERS 

V 

LIMITATION ON POWERS OF THE STATES 

VI 

INTERSTATE RELATIONS 

VII 

RELATIONS BETWEEN STATE AND NATIONAL 
GOVERNMENTS 







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Copyright, 1924, by Alfred S. Niles. 


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ANALYSIS 

OF THE 

CONSTITUTION OF THE UNITED STATES 


I 

OBJECT 

A. The Creation of a Nation 

In order to “ form a more Perfect Union, Establish Justice, Insure 
Domestic Tranquility, Provide for the Common Defense, Promote, the 
General Welfare, and Secure the Blessings of Liberty to [the Found¬ 
ers and their Posterity,” this Constitution is established for the 
National Entity, viz.: The United States of America. 

(Preamble) 

B. The Maintenance of the States as Sovereign in Their Spheres 

All powers not granted by Constitution, reserved to States or the 
People. 10th Amendment) 

C. The Supremacy of the National Government 

United States Constitution, laws and treaties to be Supreme Law 
of the Land. (Art. YI, Sec. 2) 

D. The Ultimate Sovereignty of “ The People ” acting in their 
respective States. 

“ The People ” of the United States adopted the Constitution. 

(Preamble) 

Enumeration of certain rights in Constitution not to be construed 
to deny or disparage others retained by the People. 

(9 th Amendment) 

Power given to amend without limit as to subject matter except as 
to equal representation of States in Senate. 

(Art. Y) 


3 



4 


ANALYSIS OF THE 


II 

STRUCTURE OF GOVERNMENT 

Three Departments and Amending Power 

A. Legislative Department. 

B. Amending Power. 

C. Executive Department. 

D. Judicial Department. 

A. LEGISLATIVE DEPARTMENT— Instrumentalities of Or¬ 
dinary Legislation 

1. Congress —To consist of House of Representatives and Senate. 
(Art. I, Sec. 1) 

a. House of Representatives . 

(1) Composition 

(a) Members chosen from the States according to pop¬ 
ulation determined by census (except when there 
are State limitations to franchise); maximum 
limit of 30,000 for one representative; each State 
to have at least one representative; term two years. 
(Art. I, Sec. 2, Cl. 3, and 14th Amendment, 
Sec. 2) 

(2) Qualifications 

(a) Members must be at least 25 years of age. 

(Art. I, Sec. 2, Cl. 2) 

(b) Members must be 7 years citizens of the United 
States. 

(Art. I, Sec. 2, Cl. 2) 

(c) Members must be inhabitants of the State in which 
chosen. 

(Art. I, Sec. 2, Cl. 2) 

(d) Members must take prescribed oath. 

(Art. VI, Sec. 3) 

(3) Election 

(a) Time, Place and Manner—as legislature of State 
may determine, subject to Congressional control. 
(Art. I, Sec. 4, Cl. 1) 


CONSTITUTION" OF THE UNITED STATES 


5 


(b) Electors—those qualified to vote for members of 
the most numerous branch of State legislature. 

(Art. I, Sec. 2, Cl. 1) 

(c) Vacancies filled by Elections called by Governor. 

(Art. I, Sec. 2, Cl. 4) 

(4) Organization 

(a) Choose its own officers. 

(Art. I, Sec. 2, Cl. 5) 

(b) Determine its own members. 

(Art. I, Sec. 2, Cl. 5) 

(5) Procedure 

(a) Shall assemble once a year on first Monday in 
December, unless different day appointed. 

(Art. I, Sec. 4, Cl. 2) 

(b) Majority quorum. 

(Art. I, Sec. 5, Cl. 1) 

(c) Minority may compel attendance of absentees. 

(Art. I, Sec. 5, Cl. 1) 

(d) May determine its own rules. 

(Art. I, Sec. $ Cl. 2) 

(e) May punish its members for disorderly conduct. 

(Art. I, Sec. 5, Cl. 2) 

(f) May expel a member by two-thirds vote. 

(Art. I, Sec. 5, Cl. 2) 

(g) Must keep Journal and publish same unless other¬ 
wise ordered, and enter Yeas and Nays thereon on 
request of one-fifth present. 

(Art. I, Sec. 5, Cl. 3) 

(h) Must not take more than three days recess nor 
meet at any other place without consent of Senate. 

(Art. I, Sec. 5, Cl. 4) 

(i) Revenue bills must originate therein. 

(Art. I, Sec. 7, Cl. 1) 

(k) May, with Senate, override President’s veto by 
two-thirds vote. 

(Art. I, Sec. 7, Cl. 2 and 3) 

(6) Privileges of Members 

(a) To receive compensation from TJ. S. 

(Art. I, Sec. 6, Cl. 1) 


6 


ANALYSIS OF THE 


(b) To be immune from arrest in civil cases. 

(Art. I, Sec. 6, Cl. 1) 

(c) To be absolutely privileged from accountability in 
any other place for their actions as members in the 
House. 

(Art. I, Sec. 6, Cl. 1) 

b. Senate 

(1) Composition 

(a) Two Senators to be chosen from each State, each 
Senator to have one vote; term 6 years. 

(17th Amendment) 

(b) One-third to retire every 2 years. 

(Art. I, Sec. 3, Cl. 2) 

(2) Qualifications 

(a) Members must be 30 years of age. 

(Art. I, Sec. 3, Cl. 3) 

(b) Members must be 9 years citizens of the United 
States. 

(Art. I, Sec. 3, Cl. 3) 

(c) Members must, be, when chosen, inhabitants of the 
State for which chosen. 

(Art. I, Sec. 3, Cl. 3) 

(d) Members must take oath. 

(Art. YI, Cl. 3) 

(3) Election 

(a) Time, Places and Manner of Election—As legis¬ 
lature may determine, subject to Congressional 
control. 

(Art. I, Sec. 4, Cl. 1) 

(b) Electors, those qualified to vote for members of the 
most numerous branch of State legislature. 

(17th Amendment) 

(c) Vacancies to be filled by election called by Gover¬ 
nor, but Governor has power, when authorized by 
legislature, to temporarily fill vacancies. 

(17th Amendment) 

(4) Organization 

(a) Vice-President to preside but without vote. 

(Art. I, Sec. 3, Cl. 4) 


CONSTITUTION OF THE UNITED STATES 


7 


(b) Senate to elect its other officers, including Presi¬ 
dent pro tempore. 

(Art. I, Sec. 3, Cl. 5) 

(5) Procedure 

(a) To assemble once a year on first Monday in De¬ 
cember unless different day is appointed. 

(Art. I, Sec. 4, Cl. 2) 

(b) Majority quorum. 

(Art. I, Sec. 5, Cl. 1) 

(c) Minority may compel attendance of absentees. 

(Art. I, Sec. 5, Cl. 1) 

(d) May determine its own rules. 

(Art. I, Sec. 5, Cl. 2) 

(e) May punish its members for disorderly conduct. 

(Art. I, Sec. 5, Cl. 2) 

(f) May expel member by two-thirds vote. 

(Art. I, Sec. 5, Cl. 2) 

(g) Must keep Journal and publish same unless other¬ 
wise ordered, and enter Yeas and Nays thereon on 
request of one-fifth present. 

(Art. I, Sec. 5, Cl. 3) 

(h) Must not take more than three days’ recess nor 
meet at any other place without consent of House 
of Representatives. 

(Art. I, Sec. 5, Cl. 4) 

(i) On trial of President by Impeachment, Chief Jus¬ 
tice to preside and Senators to be on oath. 

(Art. I, Sec. 3, Cl. 6) 

(j) May, with House of Representatives, override 
President’s veto by two-thirds vote. 

(Art. I, Sec. 7, Cl. 2 and 3) 

(6) Privileges of Senators 

(a) To receive compensation from the United States. 

(Art. I, Sec. 6, Cl. 1) 

.(b) To be immune from arrest in civil cases. 

(Art. I, Sec. 6, Cl. 1) 

(c) To be absolutely privileged from accountability in 
any other place for their actions as Senators in the 
Senate. (Art. I, Sec. 6, Cl. 1) 


8 


ANALYSIS OF THE 


c. President 

(1) No act, order, resolution or vote to be valid unless 

signed by President, passed over his veto, or left 
without action by him for ten days during Session 
of Congress. 

(Art. I, Sec. 7, Cl. 2 and 3) 

(2) Shall recommend measures in his messages. 

(Art. II, Sec. 3) 

d. Vice-President 

To preside over Senate and to vote in case of tie. 

(Art. I, Sec. 3, Cl. 4) 

B. AMENDING POWER— Instrumentalities for Changing 

the Constitution 

1. Congress and State Legislatures 

a. Two-thirds of Congress may propose Amendments, which 
will become parts of the Constitution when ratified by three- 
fourths of the State legislatures. 

2. State Legislatures, Congress and State Convention 

a. If two-thirds of State Legislatures petition Congress to call 
Convention for proposing Amendments, Congress must call 
such a convention. This Convention may then propose 
Amendments which shall become part of the Constitution 
when ratified by three-fourths of State legislatures or by 
conventions in three-fourths of the States, as one or the 
other method of ratification may be proposed by Congress. 
(Art. V) 


C. EXECUTIVE DEPARTMENT— Instrumentalities of Exec¬ 
utive Power 


1. The President 


a. Qualifications 

(1) Must be natural born citizen. 

(Art. II, Sec. 1, Cl. 5) 

(2) Must be 35 years old. 

(Art. II, Sec. 1, Cl. 5) 

(3) Must have been 14 years resident of United States. 

(Art. II, Sec. 1, Cl. 5) 


CONSTITUTION OP THE UNITED STATES 


9 


(4) Must take Constitutional oath. 

(Art. II, Sec. 7, Cl. 6) 

b. Term —4 years. 

(Art. II, Sec. 1, Cl. 1) 

c. Election 

(1) Elected with Vice-President by Electors appointed by 
the States as they respectively see fit, equal in number 
in each State to its whole representation in Senators 
and Representatives. 

(Art. II, Sec. 1, Cl. 2) 

(2) These Electors to meet in their respective states and 
vote by ballot separately for President and Vice-Presi¬ 
dent, one of whom must not be an inhabitant of the 
same State as themselves. Whoever receives a majority 
of the votes of the Electors is elected. If no one re¬ 
ceives a majority for President, the election is made by 
House of Representatives, the delegation from each 
State having one vote. 

(12th Amendment) 

(3) The day of choosing the Electors and the day when the 
Electors cast their votes may be designated by Congress 
and the day on which the Electors vote must be the 
same in all the States. 

(Art. II, Sec. 1, Cl. 2 and 3, and 12th Amend¬ 
ment) 

d. Vacancies 

(1) In case of vacancy, Vice-President shall succeed. 

(Art. II, Sec. 1, Cl. 6) 

(2) When President and Vice-President both disabled, 
Congress may provide successor. 

(Art. II, Sec. 1, Cl. 6) 

e. Privileges of President 

(1) To receive salary, which shall not be diminished dur¬ 
ing his term. 

(Art. II, Sec. 1, Cl. 7) 

2. The Vice-Peesident 

a. Qualifications, Term, Election and Privileges 

Same as provided as to President, except that if no person 


10 


ANALYSIS OF THE 


have a majority of the Electoral vote, election, shall be by 
Senate. (Art. II, Sec. 1, and 12th Amendment) 

3. Courts of Law and Department Heads 

a. May he authorized by Congress to make minor appointments. 
(Art. II, Sec. 2, Cl. 2) 

4. Senate 

a. Shares in Treaty Maying Power. Must ratify treaties by 
two-thirds vote. 

(Art. II, Sec. 2, Cl. 2) 

b. Shares in Appointing Power. Must confirm major appoint¬ 
ments. (Art. II, Sec. 2, Cl. 2) 

D. JUDICIAL DEPARTMENT— Instrumentalities for Exer¬ 
cising Judicial Power. 

1. Courts —To consist of the Supreme Court and such inferior 
courts as may be established by Congress. 

(Art. Ill, Sec. 1) 

a. Qualification of Judges 

(1) Must take oath to support Constitution. 

(Art. VI, Sec. 3) 

b. Appointment and Term 

(1) Judges of Supreme Court must be appointed by Presi¬ 
dent by and with the advice of Senate; other judges so 
appointed unless otherwise provided by Congress. 

(Art. II, Sec. 2, Cl. 2) 

(2) All judges hold office during good behavior. 

(Art. Ill, Sec. 1) 

c. Procedure 

(1) Jurisdiction 

(a) Supreme Court has original jurisdiction in all 
cases: 

1— Affecting Ambassadors, other Public Ministers, 
and Consuls. 

2— When State is party. 

(Art. Ill, Sec. 2, Cl. 2) 

(b) Supreme Court in all other cases has appellate 
jurisdiction such as Congress may prescribe. 

(Art. Ill, Sec. 2, Cl. 2) 


CONSTITUTION OF THE UNITED STATES 


11 


(c) Inferior courts to have such jurisdiction as Con¬ 
gress may constitutionally prescribe. 

(Art. Ill, Sec. 1) 

(2) Rules of Procedure Protecting Individual Rights. 

(a) Trial of all crimes by courts to be speedy, public, 
and by Jury, and in State and district where com¬ 
mitted (if in any state). 

(Art. Ill, Sec. 2, Cl. 2; 6th Amendment) 

(b) Presentment by Grand Jury necessary in cases not 
arising in land or naval forces or militia in actual 
service. 

(5 th Amendment) 

(c) Accused to be confronted by opposing witnesses. 

(6th Amendment) 

(d) Accused to have compulsory process for witnesses. 

(6 th Amendment) 

(e) Accused to have counsel. 

(6 th Amendment) 

(f) Civil cases where amount involved is more than 
$20.00 to be tried by Jury. 

(7 th Amendment) 
d. Privileges of Judges 

(1) To retain salary without diminution. 

(Art. Ill, Sec. 1) 

2. Congress 

a. Each House to be judge of the election of its own members. 

(Art. I, Sec. 5, Cl. 1) 

b. Impeachments 

(1) House of Representatives to Impeach. 

(Art. I, Sec. 2, Cl. 5; Art. II, Sec. 4) 

(2) Senate to try Impeachments. 

(Art.'I, Sec. 3, Cl. 6, 7; Art. II, Sec. 4) 


12 


ANALYSIS OF THE 


III 

POWERS OF THE NATIONAL GOVERNMENT AND 
DUTIES OF NATIONAL OFFICERS 

A. NATIONAL POWERS AND DUTIES 
1. Of the Legislative 
a. Express Powers 

(1) Taxing Power. 

(Art. I, Sec. 8, Cl. 1; 16th Amendment; 

Art. I, Sec. 2, Cl. 3; Art. I, Sec. 9, Cl. 5) 

(2) Power to Borrow Money. 

(Art. I, Sec. 8, Cl. 2) 

(3) Power to Regulate Interstate and Foreign Commerce 

and Commerce with the Indian Tribes. 

(Art. I, Sec. 8, Cl. 3) 

(4) Naturalization Power. 

(Art. I, Sec. 8, Cl. 4) 

(5) Power to pass Bankrupt Laws. 

(Art. I, Sec. 8, Cl. 4) 

(6) Power to Coin Money, Regulate its Value, and of for¬ 
eign coin, and to punish Counterfeiting. 

(Art. I, Sec. 8, Cl. 5 and 6) 

(7) Power to Establish Standard of Weights and Measures. 

(Art. I, Sec. 8, Cl. 5) 

(8) Power to Establish and Maintain the Postal Service. 

(Art. I, Sec. 8, Cl. 7) 

(9) Power to Establish Patents and Copyrights. 

(Art. I, Sec. 8, Cl. 8) 

(10) Power over Piracies and International Offenses. 

(Art. I, Sec. 8, Cl. 10) 

(11) War Powers 

(a) To declare war. 

(Art. I, Sec. 8, Cl. 11) 

(b) To grant letters of Marque and reprisal. 

(Art. I, Sec. 8, Cl. 11) 

(c) To make rules as to captures on land and water. 

(Art. I, Sec. 8, Cl. 11) 

(d) To raise and support armies. 

(Art. I, Sec. 8, Cl. 12) 


•> 


CONSTITUTION OF THE UNITED STATES 


13 


(e) To provide and maintain a navy. 

(Art. I, Sec. 8, Cl. 13) 

(f) To make rules for government of army and navy. 

(Art. I, Sec. 8, Cl. 14) 

(g) To provide for calling out the Militia to 

1— Execute the laws of the Union. 

2— Suppress Insurrections. 

3— Repel Invasions. 

(Art. I, Sec. 8, Cl. 15) 

(h) To provide for organizing, arming and disciplining 
the Militia and governing them when in United 
States Service. 

(Art. I, Sec. 8, Cl. 16) 

(12) Power to acquire and govern Federal Districts. 

(Art. I, Sec. 8, Cl. 17) 

(13) Power to admit new States. 

(Art. IY, Sec. 3, Cl. 1) 

(14) Power to govern Territories. 

(Art. IV, Sec. 3, Cl. 2) 

(15 Power to enforce Prohibition of Slavery. 

(13th Amendment, Sec. 2) 

(16) Power to enforce provisions of 14th Amendment. 

(14th Amendment, Sec. 2) 

(17) Power to enforce provisions of 15th Amendment. 

(15th Amendment, Sec. 2) 

(18) Power to enforce provisions of 18th Amendment. 

(18th Amendment) 

(19) Power to prescribe manner of proving and effect of 
Public Acts, Records and Judicial Proceedings of one 
State in another. 

(Art. IY, Sec. 1) 

(20) Power to propose Constitutional Amendments. 

(Art. Y) 

b. Implied Powers 

To make laws giving effect to the express provision that 
Congress may pass whatever laws may be necessary and 
proper to carry into execution all the powers granted 
by the Constitution to it, to the Government of the Uni¬ 
ted States, or to any department or officer thereof. 
(Art. I, Sec. 8, Cl. 18) 


14 


ANALYSIS OF THE 


2. Of the Executive 

a. Executive Power Proper 

(1) The Executive Power of the United States is vested in 
the President. 

(Art. II, Sec. 2) 

(2) He shall take care that the laws are faithfully executed. 

(Art. II, Sec. 3) 

(3) Power to appoint officers as provided and limited. 

(Art. II, Sec. 2) 

(4) May temporarily fill vacancies. 

(Art. II, Sec. 2, Cl. 3) 

(5) Must commission all United States officers. 

(Art. II, Sec. 3, Cl. 1) 

(6) Has pardoning power except in cases of impeachment. 

(Art. II, Sec. 2, Cl. 1) 

(7) Shall be Commander-in-Chief of the Army and Navy 
of the United States, and of the Militia when in active 
service. 

(Art. II, Sec. 2, Cl. 1) 

(8) May require the opinion in writing from heads of de¬ 
partments. 

(Art. II, Sec. 2, Cl. 1 

b. Quasi Legislative Powers and Duties 

(1) Power of qualified veto. 

(Art. I, Sec. 7) 

(2) Duty to send messages to Congress giving information 
of the State of the Union and recommending measures 
to them. 

(Art. II, Sec. 3, Cl. 1) 

(3) May convene or adjourn Congress as specially provided. 

(Art. II, Sec. 3, Cl. 1) 

c. Diplomatic Powers and Duties 

(1) Power to make treaties by and with advice of Senate. 

(Art. II, Sec. 2, Cl. 2) 

(2) Duty to receive Ambassadors and Public Ministers. 

(Art. II, Sec. 3, Cl. 3) 

3. Of the Judiciary 

a. The Judiciary of the United States have jurisdiction in all 
cases: 


CONSTITUTION OF THE UNITED STATES 


15 


(1) Arising under the Constitution, laws or treaties of the 
United States. 

(Art. Ill, Sec. 2, Cl. 1) 

(2) Affecting Ambassadors, other Public Ministers, and 
Consuls. 

(Art. Ill, Sec. 2, Cl. 1) 

(3) Of Admiralty and Maritime Jurisdiction. 

(Art. Ill, Sec. 2, Cl. 1) 

(4) To which United States is a party. 

(Art. Ill, Sec. 2, Cl. 1) 

(5) Between two-or more States. 

(Art. Ill, Sec. 2, Cl. 1) 

(6) Between a State and citizens of another State, except 
that State may not be defendant. 

(Art. Ill, Sec. 2, Cl. 1; 11th Amendment) 

(7) Between citizens of different States. 

(Art. Ill, Sec. 2, Cl. 1) 

(8) Between citizens of same State claiming lands under 
grants of different States. 

(Art. Ill, Sec. 2, Cl. 1) 

(9) Between a State or citizens thereof and foreign States, 
citizens or subjects, except that State may not be made 
defendant at suit of individuals. 

(Art. Ill, Sec. 2, Cl. 1; 11th Amendment) 

IV 

LIMITATIONS ON NATIONAL POWERS AND OFFICERS 

A. ON NATIONAL POWERS 

1. Limitations on All and Each of the Departments of 
Government 

a. No person shall be deprived of life, liberty, or property with¬ 
out due process of law. 

5th Amendment) 

2. Limitations on the Legislative Department 
a. For the Security of Individual Rights 

(1) Personal Liberty^ civil and religious. 

1—May not give a legal status to slavery. 

(13th Amendment) 


16 


ANALYSIS OF THE 


2— May not ordinarily suspend the Writ of Habeas 
Corpus. 

(Art. I, Sec. 9, Cl. 2) 

3— May not punish treason by corruption of blood. 

(Art. Ill, Sec. 2, Cl. 2) 

4— May not make law respecting an establishment of 
religion or prohibiting the free exercise thereof. 

(1st Amendment) 

5— May not pass a law abridging the Freedom of 
Speech. 

(1st Amendment) 

6— May not pass a law abridging the Right of Assembly. 

(1st Amendment) 

7— May not pass a law abridging the Right of Petition. 

(1st Amendment) 

8— May not pass a law abridging the Right to Bear 
Arms. 

(2nd Amendment) 

(2) Civil Equality. 

1—May not grant title of nobility. 

(Art. I, Sec. 9, Cl. 8) 

(3) Political Rights. 

1— No religious test can be used to disqualify for office. 

(Art. YI, Sec. 3) 

2— May not deny franchise for race, color or previous 
condition of servitude. 

(15th Amendment) 

3— May not deny franchise on account of sex. 

(19th Amendment) 

4— May not define Treason, the definition being given 
in Constitution. 

(Art. Ill, Sec. 3, Cl. 1) 

(4) Right to a Fair Trial if Accused of Crime. 

1—May not pass Bill of Attainder nor Ex Post Facto 
law. (Art. I, Sec. 9, Cl. 2) 

b. For the Security of State Rights 

(1) May not lay direct taxes (other than Income Tax) ex¬ 
cept by rule of apportionment. 

(Art. I, Sec. 2, Cl. 3; 16th Amendment; 

Art. I, Sec. 9, Cl. 4; Art. Y) 


CONSTITUTION OF THE UNITED STATES 


17 


(2) May not give preference by regulation of commerce or 
revenue to ports of one State over another. 

(Art. I, Sec. 9, Cl. 5) 

(3) May not form a new State at expense of old States 
without their consent. 

(Art. Ill, Sec. 3, Cl. 1) 

(4) May not compel vessels bound to or from one State to 
enter, clear, or pay duties in another. 

(Art. I, Sec. 9, Cl. 5) 

c. For Carrying Out Constitutional Policies 

(1) May not tax Exports. 

(Art. I, Sec. 9, Cl. 5) 

(2) May not lay duties, imposts, or excises, or Income Tax, 
except by Rule of Uniformity. 

(Art. I, Sec. 8, Cl. 1; 16th Amendment) 

(3) May not question the U. S. Public Debt. 

(14th Amendment) 

(4) May not pay “ Rebel 55 Debt or for Slaves Emancipated. 

(14th Amendment) 

(5) May not change President's salary during his term. 

(Art. II, Sec. 1, Cl. 7) 

3. Limitations on the Executive Depaetment 

a. For the Security of Individual Rights 

(1) No soldiers to be quartered in any house without the 
consent of owner in time of peace, nor in war except as 
provided by law. 

(3rd Amendment) 

(2) No unreasonable searches or seizures to be allowed. 

(4th Amendment) 

(3) May not take private property for public use without 
compensation. 

(5th Amendment) 

b. For Carrying Out Constitutional Policies 

(1) No money to be drawn from Treasury unless author¬ 
ized by Congress. (Art. I, Sec. 9, Cl. 6) 

4. Limitations on the Judicial Depaetment 

a. On Senate 

(1) No conviction in Impeachments except by two-thirds 
vote. (Art. I, Sec. 3, Cl. 6) 


18 


ANALYSIS OF THE 


(2) No judgment in Impeachment except removal from 
office and disqualification. 

(Art. I, Sec. 3, Cl. 7) 

b. On Courts 

(1) For the Security of Individual Eights 

(a) May not convict for treason except on testimony of 
two witnesses to same overt act or confession in 
open court. 

(Art. Ill, Sec. 3, Cl. 2) 

(b) May not issue Search Warrants except upon good 
cause. 

(4th Amendment) 

(c) No person not in military service to be held for 
trial for serious crime except after presentment or 
indictment by Grand Jury. 

(5 th Amendment) 

(d) No person to be twice put in jeopardy for same 
offence. 

(5 th Amendment) 

(e) No one to be compelled to testify against himself. 

(5 th Amendment) 

(f) No excessive bail to be required. 

(8th Amendment) 

(g) No excessive fines to be imposed. 

(8th Amendment) 

(h) No cruel or unusual punishments to be inflicted. 

(8th Amendment) 

B. ON NATIONAL OFFICEES 

1. No senator or Eepresentative during his term to be appointed 
to office created or emoluments thereof increased during that 
term. 

(Art. I, Sec. 6, Cl. 2) 

2. No Senator or Eepresentative to hold any office under the Uni¬ 
ted States during his term. 

(Art. I, Sec. 6, Cl. 2) 

3. No person holding office of trust or profit under United States 
to accept gift, etc., from foreign State or potentate without 
consent of Congress. 

(Art. I, Sec. 9, Cl. 7) 


CONSTITUTION OF THE UNITED STATES 


19 


4. No Senator, Representative or person holding office of trust or 
profit under United States to be Presidential Elector. 

(Art. II, Sec. 1, Cl. 2) 

5. President may not receive from United States or any State any 
emolument other than his salary. 

(Art. II, Sec. 1, Cl. 7) 

V 

LIMITATION ON POWERS OF THE STATES 

A. FOR THE SECURITY OF INDIVIDUAL RIGHTS 

1. Personal Liberty, Civil and Religious 

(a) No State may pass any Bill of Attainder. 

(Art. I, Sec. 10, Cl. 1) 

(b) No State may pass any Ex Post Facto Law. 

(Art. I, Sec. 10, Cl. 1) 

(c) No State may pass any law impairing the Obligation of 
Contracts. (Art. I, Sec. 10, Cl. 1) 

(d) No State may re-establish Slavery. 

(13th Amendment) 

(e) No State may deprive any person of life, liberty or prop¬ 
erty without due process of law. 

(14th Amendment) 

(f) No State may deny to any person within its jurisdiction 
the equal protection of the laws. 

(14th Amendment, Sec. 1) 

2. Civil Equlity. 

(a) No State may grant any Title of Nobility. 

(Art. I, Sec. 10, Cl. 1) 

3. Political Rights 

(a) No State may deny franchise because of Race, Color or 
Previous Condition of Servitude. 

(15th Amendment, Sec. 1) 

(b) No State may deny franchise because of Sex. 

(19th Amendment) 

B. FOR THE SECURITY OF THE RIGHTS OF THE NA¬ 
TIONAL GOVERNMENT 

1. No State may enforce its own Constitution or laws in conflict 
with the National Constitution. (Art. VI, Sec. 2) 


20 


ANALYSIS OF THE 


2. No State may enforce a law abridging the privileges or im¬ 
munities of U. S. citizens. 

(14th Amendment) 

C. FOR CARRYING OUT CONSTITUTIONAL POLICIES 

1. Absolute Prohibitions 

a. No State may enter into any Treaty, Alliance or Confed¬ 
eration. (Art. I, Sec. 10, Cl. 1) 

b. No State may grant Letters of Marqne or Reprisal. 

(Art. I, Sec. 10, Cl. 1) 

c. No State may coin Money. 

(Art. I, Sec. 10, Cl. 1) 

d. No State may Emit Bills of Credit. 

(Art. I, Sec. 10, Cl. 1) 

e. No State may make anything but gold or silver legal tender. 

(Art. I, Sec. 10, Cl. 1) 

f. No State may assume any “ Rebel ” Debt. 

(14th Amendment, Sec. 4) 

g. No State may pay claim for Emancipation of Slaves. 

(14th Amendment, Sec. 4) 

h. No State may allow sale or transport of Intoxicating Liquor. 

(18th Amendment) 

2. Conditional Prohibitions without the Consent of Congress 

a. No State may lay duties on imports or exports except to pay 
for enforcing its inspection laws. 

(Art. I, Sec. 10, Cl. 2) 

b. No State may lay any duty on Tonnage. 

(Art. I, Sec. 10, Cl. 2) 

c. No State may keep troops or ships of war in time of peace. 

(Art. I, Sec. 10, Cl. 2) 

d. No State may enter into agreement or compact with another 
State. (Art. I, Sec. 10, Cl. 2) 

e. No State may enter into agreement or compact with a for¬ 
eign power. 

(Art. I, Sec. 10, Cl. 2) 

f. No State may engage in war unless actually invaded or in 
such imminent danger as will not admit of delay. 

(Art. I, Sec. 10, Cl. 2) 


CONSTITUTION" OF THE UNITED STATES 


21 


VI 

INTERSTATE RELATIONS 

A. Full faith and credit to the public acts, records and judicial pro¬ 
ceedings of one State must be given them in every other State. 

(Art. IV, Sec. 1) 

B. Citizens in one State to be entitled to privileges and immunities 
of citizens in every other State. 

(Art. IV, Sec. 2, Cl. 1) 

C. Executive authority of one State may demand fugitive criminals 
from his State to be delivered up if found in another State. 

(Art. IV, Sec. 2, Cl. 2) 

VII 

RELATIONS BETWEEN STATE AND NATIONAL 
GOVERNMENTS 

A. United States guarantees each State a Republican Form of Gov¬ 
ernment. (Art. IV, Sec. 4) 

B. United States must protect each State against Invasion. 

(Art. IV, Sec. 4) 

C. United States must (on proper application) protect each State 
against domestic violence. 

(Art. IV, Sec. 4) 

D. No state without its consent shall be deprived of its equal suffrage 
in the Senate. (Art. V) 

E. State and Nation to have concurrent power to suppress Liquor 

Traffic. (18th Amendment) 



















LIBRARY OF CONGRESS 


























